USCIS REPORT: Special Immigrant Juvenile program allowed thousands of criminals, gang members to stay in U.S.
- A USCIS report reveals that the Special Immigrant Juvenile (SIJ) program, originally intended to protect abused and abandoned minors, has been exploited by thousands of ineligible applicants, including gang members and violent criminals.
- Between 2013 and early 2025, nearly 19,000 SIJ applicants had criminal records, including murder charges and gang affiliations. Over 500 MS-13 members were approved, with many later indicted for federal crimes.
- Many applicants used false identities, ages or abuse claims to qualify. State courts were criticized for approving dependency findings without proper documentation or verification.
- As of June 6, USCIS has ended its policy of granting automatic deferred action and work authorization to SIJ petitioners who cannot immediately adjust status due to visa unavailability.
- The policy change aims to align with national security priorities and restore the SIJ program's original purpose of aiding genuinely vulnerable youth, with further reforms under consideration by the Trump administration.
A U.S. Citizenship and Immigration Services (USCIS) report has revealed that a federal immigration program originally designed to protect abused and abandoned children has become a legal pathway for thousands of gang members, violent criminals and ineligible applicants to
gain lawful permanent residency and even U.S. citizenship.
The report, titled "Criminality, Gangs and Program Integrity Concerns in Special Immigrant Juvenile Petitions," paints a stark picture of long-standing systemic abuse of the Special Immigrant Juvenile (SIJ) program. The SIJ program, created in 1990, was intended to offer immigration relief to minors declared dependent by a juvenile court due to abuse, neglect or abandonment.
However, USCIS investigators now say the program has been widely exploited, with minimal oversight and virtually no safeguards against criminal infiltration.
According to the report, nearly 19,000 individuals who applied for SIJ program between fiscal year 2013 and February 2025 had criminal arrest records, including 120 who were charged with murder. More than 500 known members of the violent MS-13 gang were approved through the program, with over 70 of them later facing federal racketeering charges.
Additionally, more than 200 approved applicants were convicted sex offenders listed in the National Sex Offender Registry. USCIS also identified at least 853 applicants as known or suspected gang members, most of whom were still granted legal status. Between 2020 and 2024 alone, USCIS approved nearly 200,000 SIJ program applications, even though 52 percent of those applicants were ineligible because they were over the legal age limit of 18.
Applicants frequently used false identities, falsified ages and fabricated abuse claims to qualify for benefits. In many cases, applicants said they were estranged from a parent or living in hardship, but in reality, they had been sent to the U.S. to reunite with family members. State juvenile courts, responsible for the initial dependency findings required for SIJ approval, were accused of "rubber-stamping" petitions without verifying the abuse claims or even requiring documentation.
Many of the applicants originated from Guatemala, El Salvador and Honduras, countries with deep-rooted gang activity and cartel violence. USCIS reported that numerous SIJ program recipients were previously identified as "gotaways" – individuals who crossed the border without detection and never formally claimed asylum.
USCIS tightens oversight of SIJ program
In response to recent findings, USCIS has implemented measures to
tighten oversight of the SIJ program.
As of June 6, the agency has rescinded its previous policy of automatically granting deferred action, a form of temporary protection from removal and access to work authorization, to SIJ petitioners who are ineligible to adjust status due to visa unavailability.
The
policy change, detailed in Policy Alert PA-2025-07, reverses guidance issued in March 2022 that allowed SIJs waiting for a green card to apply for deferred action and obtain employment authorization. USCIS says the updated guidance, now in effect, better aligns its practices with statutory requirements and national security priorities outlined in Executive Order 14161, issued in January 2025.
Meaning, receiving SIJ classification no longer ensures deferred action or a work permit, making it more difficult for individuals without immediate immigration relief to benefit from the program. The agency emphasized that neither the approval of a Form I-360 petition (the application for SIJ classification) nor a state court's best-interest finding is sufficient justification, under current law, to continue providing deferred action or employment authorization.
This policy shift is intended to address concerns that certain individuals, including those with criminal backgrounds or gang affiliations, have
used the program to remain in the U.S. while awaiting green card eligibility. Meanwhile, the Trump administration has signaled that additional reforms may be forthcoming, with an emphasis on reinforcing the SIJ program's original mission: protecting vulnerable and genuinely eligible juveniles. (Related:
Trump signs sweeping executive order mandating proof of citizenship for voter registration.)
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Sources include:
YourNews.com
VisaVerge.com
USCIS.gov
Brighteon.com